Allen Olson Teaches Condensed Course on Farm Programs

Allen Olson returned to teach in the LL.M. Program last week, teaching as one of our visiting condensed course professors.  With over 30 years of experience as a practicing lawyer, much of it involved in representing farmers and agribusinesses, plus prior teaching experience in the LL.M. Program, we are always delighted to welcome Allen back to Fayetteville.

Allen received his B.A. from Cornell University in 1971, his J.D. from the University of North Carolina School of Law in 1974, and his LL.M. in Agricultural Law from the University of Arkansas School of Law in 1996. He has practiced law in Virginia, Nebraska and Georgia.

Allen is a past member of the Board of Directors of the American Agricultural Law Association and is a past Chair of the Agriculture Law Section of the Georgia State Bar. He is the author of numerous articles on agricultural law topics and is a frequent speaker at agricultural law conferences nationwide.

Allen has a law office in Albany, Georgia with a practice concentrated on agricultural law matters, including federal farm programs, payment limitations, USDA administrative appeals, crop insurance litigation, conservation easements, farm business planning, and other matters affecting farmers and related agricultural businesses.

His course last week focused on farm program matters, taught in the context of a practical look at representing farmers.  We are grateful that Allen can take time out of his busy practice to be with us for a week -  his course offers an important, hands-on experience for our LL.M. candidates.

Retail Food Industry Speakers, Don Wiseman & Erik Lieberman

Don Wiseman, senior associate general counsel at Wal-Mart Stores Inc., and Erik Lieberman, senior regulatory counsel at the Food Marketing Institute visited the LL.M. Program last week and each delivered a presentation on food law & policy issues from the perspective of the retail food industry.

Don Wiseman has practiced law for more than 30 years. He has served as a senior associate general counsel at Walmart, the largest food retailer in North America, since February 2009. He is the company's principal subject matter legal expert for food safety and regulatory compliance, as well as consumer product safety and compliance. Prior to joining Walmart, from 2003 through 2007, he was the senior vice president and general counsel of Swift Foods Co. of Greeley, Colo., the world's third-largest fresh beef and pork processor. From 1991 to 2003, he was the senior vice president and general counsel of Memphis-based Perkins Restaurants, the operator and franchisor of the 500-unit Perkins Restaurant and Bakery chain.

As the regulatory counsel for the Food Marketing Institute, Erik Lieberman represents the food retailing and wholesaling industries before federal agencies including the FDA, USDA, Department of Labor and Department of Justice. Erik lobbies against regulations that the industry views as burdensome and assists food retailers and wholesalers in complying with regulations that are enacted. Previously he served as the majority regulatory counsel for the House Small Business Committee. From 2004-2007, he was director of government affairs at the National Grocers Association. Prior to that, he served as a legislative assistant to U.S. Sen. Bob Graham. Erik has been quoted in the Wall Street Journal, BusinessWeek and the Washington Post and regularly featured in trade and industry publications.

Our appreciation is extended to Don and Erik for presenting an informative session on retail perspectives. Our special guests to the LL.M. Program provide an important part of our curriculum, as they help us consider issues from all of the varying perspectives along the food chain, from farm to fork.

Doug O'Brien Conferences with LL.M. Class

On Friday, we were delighted to welcome one of our most distinguished alumni, Doug O'Brien.  Doug serves as Deputy Under Secretary for Rural Development at the USDA, where he oversees the extensive coordinated efforts of USDA to help rural communities.  Prior to this position, Doug served as a Senior Advisor to USDA Secretary Tom Vilsack and was the Chief of Staff to Deputy Secretary Kathleen Merrigan.

Doug spoke to our LL.M. class by Skype video conference, talking about his work, the experience that led him to USDA, and his support for the LL.M. Program.

Doug has had a fascinating career.  Before joining the USDA, he served as the Assistant Director of the Ohio Department of Agriculture, and before that served as Senior Advisor to Iowa Governor Chet Culver. We are proud to recall Doug's days at the University of Arkansas School of Law, teaching in the LL.M. Program and serving first as Senior Staff Attorney and later as Co-Director of the National Agricultural Law Center in a joint position with the Drake Agricultural Law Center in Des Moines, Iowa.

Doug is former counsel for the U.S. Senate Agriculture Committee, where he worked on the 2002 Farm Bill, focusing on livestock marketing, concentration, agricultural credit, and cooperative issues.

He also served as Legislative Assistant for Representative Leonard Boswell, focusing primarily on Rep. Boswell's work on the House Agriculture Committee, and as a Clerk for Justice Jerry Larson of the Iowa Supreme Court.

Doug graduated from Loras College and earned a Juris Doctorate with honors from the University of Iowa.  He earned his LL.M. degree in Agricultural Law and was in our 1997-98 class.  

As Doug's USDA Biography notes, he was "raised on a diversified farm in Iowa [and] has dedicated his career to agriculture and rural policy."

We are very proud of his achievements and grateful for his continued support.

More LL.M. Alumni News

Claire Mitchell just joined the firm of Stoel Rives, working in their Seattle office an associate in the Corporate group. Her practice will focus on food liability law.  She reports that she is enjoying the practice and has been able to work on a wide variety of matters  including compliance with FDA food packaging requirements, liquor distributorship agreements and vegetable contracts between growers and manufacturers.  Congratulations, Claire!

Jeremy Pyle announced the launch of the new law firm McFarland, Pyle & Stone, with offices in Denver, Portland, and Colorado Springs.  Jeremy will be based in the Portland office with a practice  focusing on small business, agricultural & food law, environmental law, land use law, and bankruptcy.


Keep the news items coming!

LL.M. Alumni News

I have just begun work on our annual LL.M. Program newsletter.  Alumni news is always a significant part of the newsletter, but I also try to highlight some of our alumni accomplishments here on the blog as well.  In addition to some of our previous posts, here are some new developments.

To our other alumni, please send your news to us so we can pass it on through the blog and the newsletter.

• The U.S. Department of Agriculture sent Benjamin Thomas on a special detail to the Senate Committee on Agriculture.  Ben will assist the Committee and its staff with ongoing discussions related to pending legislation involving agricultural and rural issues.  Ben was a member of last year's LL.M. class and accepted a position with the USDA in Washington last Spring.  Ben reports that he is honored for the opportunity assist the Senate, and he looks forward to bringing his experiences back to the USDA.

Michael Roberts is teaching Consumer Food Law & Policy courses at both UCLA (Fall Semester) and UC Davis (Spring Semester) in addition to his work as Special Counsel to Roll Global Companies and the development of the Center for Food Law and Policy (CFLP), a newly formed non-profit organization that advances thoughtful policymaking through innovative legal scholarship on food law and policy.

• Cassie Peters accepted a new position as Agriculture and Food Policy Manager with Downstream Strategies in Morgantown, West Virginia, an environmental consulting firm that links economic development with natural resource stewardship.  Her work focuses on issues related to sustainable agricultural methods, local food systems, and urban agriculture.  

The Kansas City Business Journal, People on the Move reported on M. Gayle Packer's recent promotion. Gayle now serves as Executive Vice-President and Chief Administrative Officer at Terracon. It this position, she manages the corporate services provided to Terracon’s 130 offices nationwide and facilitates the firm’s acquisition program.

• Liliana Reyes Botero just began a new job in Columbia serving as the Legal Director of Fiduagraria, a trust company that specializes its services to the agricultural sector.

Kerri Boling joined the law firm of Faegre Baker Daniels as an Associate Attorney in their Des Moines, Iowa office.  She is a a member of the firm's food and agriculture industry team.


We are proud of all of our diverse alumni contributions and confident that they are representing us well in all walks of life -  

Farm to School Pilot Project

Produce at the Fayetteville Farmers Market, photo by Martha Dragich,
Visiting Professor and LL.M. Candidate

I was delighted to attend a meeting with an impressive group of community leaders who are implementing a new pilot program to link Fayetteville Public Schools with locally sourced fresh foods through direct purchase from area farmers.  The program should serve as an effective model for other school districts throughout the state.

The project is a creative collaboration led by Professor Curt Rom at the Horticulture Department of the University of Arkansas Bumpers College of Agriculture and including the Fayetteville Public School System, Feed Fayetteville, Apple Seeds, Inc., our local office of the National Center for Appropriate Technology, and the local National Public Radio Station, KUAF.

The project will include work with farmers to promote sustainable farming management systems, GAP procedures, documentation to ensure product health and safety, and risk management. A nutrition education program for the children will include grower visits to the classroom, field trips to the farmers' market, farm visits, and food choice lessons. And, over the summer when produce is readily available and public school kitchens are underutilized, a program for minimally processing the food will be put into place for use later during the school year.

I have rarely attended a meeting that was so well directed, positive, and collaborative. It once again made me proud of our community. Alumni from the LL.M. Program will know exactly what I mean, and those considering the Program in the future can be reassured. There are many good things involving food and agriculture here in Northwest Arkansas, and the LL.M. Program is just one of them.
 

David Grahn: Farm Policy & the Federal Budget

And, this week -  we were proud to host another top USDA official from Washington, D.C., our good friend David Grahn.

David serves at the USDA Office of General Counsel as Associate General Counsel for International Affairs, Food Assistance, Farm and Rural Programs.  He represents the interests of a wide range of USDA entities: Farm Service Agency, Risk Management Agency / Federal Crop Insurance Corporation, Rural Development Agency, Rural Business Service, Rural Utilities Service, Foreign Agricultural Service, the Food and Nutrition Service, and the Center for Nutrition Policy and Promotion.

David spent Monday, Tuesday, and Wednesday with our LL.M. class explaining complex aspects of agricultural policy development.  Much of the class was devoted to understanding how the federal budget drives policy development and how administrative law can be used strategically to affect policy outcomes.  It was a practical, real-world look at how agencies work, how political goals can best be met, and how money works in Washington.

As always, David offered support for our efforts to educate the our LL.M. candidates in the complex issues involving agricultural and food law and policy.  His contribution to our efforts is invaluable.  We are grateful for his support, and our candidates are delighted with the opportunity to learn from him.

A special note that is a testimony to David's professionalism -  In order to avoid any possible conflict of interest or funding issue, David volunteers his time to the Program.

Janie Hipp Visits LL.M. Class

We were delighted to host our alumnus, Janie Hipp last Friday. Janie serves as Senior Advisor for Tribal Affairs to USDA Secretary Tom Vilsack and is also the Director of the new USDA Office of Tribal Relations within the Office of the Secretary.  Janie delivered a powerful message about her work with tribal members and the USDA's efforts to rebuild trust and encourage participation.

Just last month, Janie received special recognition for her liaison work with the nation's tribes at the Indian Agriculture Symposium, in Las Vegas, Nevada.



We are delighted to provide our LL.M. candidates the opportunity to learn from and interact with our alumni.  Having our graduates in such high positions within the USDA is an honor and a tribute to the talented LL.M. candidates that go through our Program.  We look forward to working with Janie on Program initiatives going forward.

The Role of Lawyers in the Food Movement

Last month, Emily Broad Leib, Senior Clinical Fellow in the Health Law and Policy Clinic at Harvard Law School spoke at a TEDx forum on food policy.

Well-crafted food policy should fulfill a range of goals, including increasing access to healthy foods, improving economic development for small producers, reducing obesity and diet-related disease, and increasing food security.

Professor Leib discusses the role that lawyers (and law students) can play in developing food policy, and she references our LL.M. Program's role in training lawyers to do just that.  Here is her excellent presentation -

Dean Leeds' Leadership Featured in Article

I encourage everyone to check out the article that was just posted on our new Dean at the UA School of Law, Stacy Leeds.  Dean Leeds' leadership has already been shown in the ideas and the energy that she brings to the LL.M. Program.  This week she is teaching a condensed course, Doing Business in Indian Country that several of our LL.M. candidates are taking.  Going forward, we hope to tackle some of the complex issues that arise in the merger of agricultural law, food law, and tribal law.

Great things in store . . .

Stacy Leeds – A Woman Who Leads the Way

Stacy Leeds knows what it is to be a leader and a mentor … she has been one her entire adult life. And if you spend some time talking with her, you will find that leadership is something that seems to come to her naturally. There is a confidence in the way she speaks that makes you realize this is someone who is used to speaking up and getting results.
These days she is speaking up plenty in her new position as dean of the University of Arkansas Law School in Fayetteville, a position she took on just six months ago. The school is one of only two law schools in the state of Arkansas, with a student population of approximately 445 students. As a citizen of the Cherokee Nation, Leeds is the first female American Indian to head a law school. But even before this appointment, the 40-year-old single mother from Tahlequah was already a leader. . . .

LL.M. Program Benefits from Law Professor/LL.M. Candidates

Both this academic year and last year in the LL.M. Program in Agricultural & Food Law, we have had the honor of hosting visiting scholars, law professors from other schools that attended the LL.M. Program as degree candidates.

Last year, Professor Tae Huan Keum came to study with us for his sabbatical from the Seoul National University in Korea. While in the Program, he researched and wrote an article on the regulation of U.S. beef and the risk of Bovine Spongiform Encephalopathy (BSE or "Made Cow" disease), a major issue in U.S. trade negotiations with South Korea. I  recently received an email from him that referenced his "wonderful experience in Fayetteville" where he was able to  "meet the issues of the American agriculture, smart students, enthusiastic professors, and the Razorback Football team. . . From the introduction to American agriculture to all the classes including Food, Farming, Sustainability, I was given new insights and was made to consider solutions to the problems of agriculture."

This year, we are proud to host Professor Martha Dragich, James S. Rollins Professor of Law at University of Missouri – Columbia School of Law.  Her interest in food law and our food system led her to study with us, and she has provided a significant contribution to our studies so far this year.  Her impressive publication record and her thoughtful approach to scholarship has led many of our young scholars to seek out her advice. And, the food she has prepared for the class has been amazing.  Indeed, we met the "Slow Food Challenge" at Martha's house this fall!  Martha is also a talented photographer, and she has allowed us to use her photos of produce at the Fayetteville Farmers Market on our brochures.

This year's class also includes Volha Samasuk, Senior Lecturer, Belarusian State University Law Department, Minsk, Belarus. Volha was interested in our program because of her work with international food safety and quality standards through the Belarus Food Safety Improvement Project of the International Finance Corporation in The World Bank Group.  She has also been a fantastic contributor -  sharing the world of Belaraus with us, and most recently, the secrets of Eastern European potato pancakes at the end of the semester party!

We are fortunate to have these professors with us. We hope that their example encourages others to take a year, or even just semester off to "return to school" and study with us.  We can all learn from each other!

Cross-posted with Agricultural Law Blog.

UA School of Law Dean Leeds Appointed to Trust Commission

The Arkansas Newswire posted an exciting announcement today about our Dean, Stacy Leeds:   

U.S. Secretary of the Interior Ken Salazar named University of Arkansas School of Law Dean Stacy L. Leeds to a national commission that will undertake a forward-looking, comprehensive evaluation of the Interior Department’s trust management of nearly $4 billion in Native American trust funds. Leeds was one of five prominent American Indians named to the Secretarial Commission on Indian Trust Administration and Reform.

"This commission will play a key role in our ongoing efforts to empower Indian nations and strengthen nation-to-nation relationships," Salazar said in naming the appointees to the Secretarial Commission on Indian Trust Administration and Reform. “The five members each bring extensive experience and knowledge to the commission, and I look forward to their findings and recommendations for how we can fully meet our trust responsibilities to the First Americans.”

Leeds is a citizen of the Cherokee Nation and the first American Indian woman to serve as dean of a law school. She has served as a judge for many tribes including the Cherokee Nation, where she was the only woman and youngest person to ever serve as a Supreme Court Justice. Before joining the University of Arkansas on July 1, she served as interim associate dean for academic affairs and as director of the Tribal Law and Government Center at the University of Kansas School of Law. Prior to joining Kansas, she was a professor and director of the Northern Plains Indian Law Center at the University of North Dakota School of Law.

The other members of the commission are:

• Chair – Fawn R. Sharp is the current president of the Quinault Indian Nation, the current president of the Affiliated Tribes of Northwest Indians, and a former administrative law judge for the state of Washington and governor of the Washington State Bar Association.
• Peterson Zah, an established leader in Native American government and education circles, was the last chairman of the Navajo Tribal Council and the first elected president of the Navajo Nation.
• Tex G. Hall, current chairman of Three Affiliated Tribes and past president of the National Congress of American Indians, is currently serving as chairman of the Inter Tribal Economic Alliance and is the chairman of the Great Plains Tribal Chairmen's Association.
• Bob Anderson, an enrolled member of the Minnesota Chippewa Tribe (Bois Forte Band), has six years of experience working at the Department of the Interior from 1995-2001 as associate solicitor for Indian affairs and as counselor to the secretary of the Interior on Indian law and natural resource issues. He is currently a professor of law and director of the Native American Law Center at the University of Washington, and holds a long-term appointment as the Oneida Nation Visiting Professor of Law at Harvard Law School.

The Interior Department selected the members after a public solicitation for nominations and, in consultation with trust beneficiaries, evaluated the candidates on the basis of their expertise and experience, including in government and trust, financial, asset and natural resource management. Members were selected in accordance with the Federal Advisory Committee Act and they will serve without compensation.

Within 24 months, the commission is expected to complete a comprehensive evaluation of the Interior Department’s management and administration of the trust assets and offer recommendations of how to improve in the future.

Salazar’s announcement came in advance of the third White House Tribal Nations Conference on Friday, Dec. 2, at the Department of the Interior. The conference brought together leaders from the 565 federally recognized tribes to hear from President Obama and to build upon the administration’s commitment to strengthen the government-to-government relationship with tribal nations.

Salazar established the framework for the commission in a 2009 Secretarial Order, which addressed the department’s future responsibilities for trust management after the Cobell Settlement agreement set forth resolution of a class action lawsuit regarding the U.S. government's trust management and accounting of individual Native American trust accounts and resources. The Cobell Settlement will be effective when all appeals are resolved favorably.

Under federal law, the Department of Interior is responsible for managing 56 million surface acres and 57 million acres of subsurface mineral estates for 384,000 Individual Indian Money (IIM) accounts and about 2,900 tribal accounts. Tribal trust assets include land, timber, grazing, oil, gas and mineral resources. More information can be found at the Department of Interior website.

On trust lands, the department manages about $3.9 billion in trust funds and more than 109,000 leases. For fiscal year 2011, funds from leases, use permits, land sales and income from financial assets, totaling about $400 million, were collected for about 384,000 open IIM accounts. About $609 million was collected in fiscal year 2011 for about 2,900 tribal accounts. There are currently 156,596 individual Indian land allotments and more than 4.7 million fractionated interests.

Jason Foscolo Profiled by Good Food Jobs

I am delighted to report that Jason Foscolo, one of our recent LL.M.s was just featured on the Gastrognomes Blog from Good Food Jobs.

Jason was in the LL.M. Program last year and since leaving Fayetteville has set up Jason Foscolo, LLC as a new food law practice focusing on the needs of the new agricultural and food businesses that make up our changing food system. Jason writes the Food Law Blog with many followers and tweets at @FoodLawAttorney, where he is self-described as: "Legal counsel for farmers and food entrepreneurs. Will work for food!"

Gastrognomes does a nice job describing the love of food that connected this well respected JAG attorney serving at the Pentagon to our LL.M. Program.  He's got a great story. And, Jason fit in a nice plug for our Program.


I had the extraordinary opportunity to pursue an advanced degree in Agriculture and Food Law at the University of Arkansas School of Law, the only program of its kind in the United States. The program gave me a comprehensive understanding of the network of special laws that regulate almost every transaction in our food system.

Thanks, Jason.

I have actually been meaning to blog about one aspect of Jason's work - his work with veteran farmers - for some time, and this new acclaim reminded me that it was past time to do so.

Last August, Jason announced his affiliation with the Farmer Veteran Coalition, an amazing non-profit organization based in California. The FVC provides agricultural training as well as financial assistance to returning veterans so that they may build viable careers on our nation’s farms. Their mission is as straightforward as it is powerful.  "The mission of the Farmer-Veteran Coalition is to mobilize veterans to feed America."  Their work and the help that they provide to vets returning from Iraq or Afghanistan was highlighted in the New York Times article Helping Soldiers Trade Their Swords for Plowshares.

Jason participated in the Coalition’s veteran-farmer training in Philadelphia and presented on small business law, food safety regulations and food-born illness liability, farm labor laws, and the Perishable Agricultural Commodities Act. He described his experience as follows.

The vets I met with are still enormous assets for their country. They are creating jobs, strengthening rural communities, and growing great food. As they always have, they will succeed in this.

If you would like to donate or volunteer with the Farmer Veteran Coalition, click here for additional information.

We wish Jason great success with his practice.  He really does have a "good food job."

David Lambert Visits Food, Farming, & Sustainability Class

We were privileged to have a special guest visit the LL.M. Program last week.  David Lambert was in Fayetteville as a guest of the Fulbright College of Arts & Sciences, and he offered to stop by the LL.M. Program to talk to our class.  He has been an enthusiastic supporter of our efforts to link food, agriculture, and the law in a way that is helpful to the problems of hunger, environmental problems, and sustainability.

David is recognized internationally as an expert in global food security and the fight against world hunger. A native of Arkansas, David is principal of Lambert Associates, a Washington, D.C., public affairs consulting firm providing strategic policy advice to United Nation’s agencies, land-grant universities and the U.S. private sector on issues related to global food security, child nutrition, food safety and agricultural biotechnology. He also served as Foreign Agricultural Service Counselor to the U.S. Mission to the UN Agencies during the Clinton Administration.

During his visit to our class, David asked critical questions regarding the problems of global hunger.  He presented the alarming statistics on the current condition of global food insecurity.

• About one billion people are chronically hungry, with inadequate access to food and water
• 25,000 die of hunger and related causes each day; about nine million each year
• A child dies of hunger every five seconds
• More than one billion people live on less than $1 a day

He discussed why we should care about global hunger, what the root causes are, and what policies are needed to address the problems.  And, he discussed the critical role that our LL.M. Program might play in developing the critical link between food, agriculture, and the rule of law.  Only with the appropriate legal infrastructure and equitable laws that are uniformly enforced can we achieve solutions to the problem of global hunger.

David is an outspoken leader on global hunger issues, and we were honored to have him with us.  His moving presentation, The Quest to End Hunger in Our Time: Can Political Will Catch Up with Our Core Values? is available on the Clinton School of Public Service website.  The Journal of Food Law & Policy was pleased to publish his remarks from that presentation.  They are available online courtesy of the Iowa State University Seed Science Center.

Bill Marler Teaches Food Safety Litigation Class

This past week, we were pleased to welcome our distinguished visiting professor, Bill Marler for the condensed course that he teaches on Food Safety Litigation. The first two hours of his class were conducted as a public forum, with good attendance from the law school, others from the University of Arkansas, and the wider community.

An accomplished attorney and national food safety expert, William (Bill) Marler is recognized as the most prominent foodborne illness lawyer in America and a major force in food policy. His firm, Marler Clark has represented thousands of individuals in claims against food companies whose products have caused serious illness or death, securing over $600,000,000 for victims of E. coli, Salmonella, and other foodborne illnesses.  He is the founder of the popular online newspaper, FoodSafetyNews, a blogger and tweeter with a large following, and a frequent commentator on food safety issues.  Marler Clark is a sponsor of our Graduate Assistantship program, with Allie Condra serving as the 2011-12 Marler Clark Graduate Assistant.

Bill Marler was a strong proponent of the Food Safety Modernization Act that was signed into law in January of 2011. This was the first major reform of the Food & Drug Administration’s (FDA) food safety regime in seventy years. It shifts the FDA focus from reactive to preventative, expands FDA powers to inspect and recall, establishes risk-based priorities, and addresses major weaknesses in import safety assurances.  Bill advocated for the legislation, writing about the need for better consumer protection, testifying before Congress, and speaking to the media about the need for stronger food safety regulation.  His public forum topic was, How the Food Safety Modernization Act Came About:  Food Safety and Forces of Change.

As part of the condensed course, Bill brought popular author Jeff Benedict to Arkansas to talk to the class. Jeff is the author of the well received 2011 book, Poisoned: The True Story of the Deadly E. Coli Outbreak That Changed the Way Americans Eat.  This book chronicles the historic Jack in the Box E. coli O157:H7 outbreak in 1993 and its impact on our food safety system.  As one review notes, the book provides a "jarringly candid narrative of the fast-moving disaster drawing on access to key documents and exclusive interviews with the real-life characters at the center of the drama - the families whose children were infected, the Jack in the Box executives forced to answer for the tragedy, the physicians and scientists who identified E. coli as the culprit, and the legal teams on both sides of the historic lawsuits that ensued."  Central to the story is the young lawyer, Bill Marler, who "staked his career on bringing the victims justice without compromise."

The LL.M. candidates truly enjoyed the class and the opportunity to get to know Bill and Jeff. They each did a great job in the classroom. Our appreciation is extended to them for providing such a fantastic experience to our class.

FCA General Counsel Charlie Rawls Presents to Class

Our Food, Farming, & Sustainability class provides a survey of agricultural law, and one of the topics that we discuss is agricultural finance and credit.  Part of that unit includes a study of the Farm Credit System, the unique nationwide network of cooperative lending institutions and related organizations. Farm Credit System lenders provide more than $160 billion in loans, leases, and related services to the agricultural community.

In addition to our readings, we were delighted to have an opportunity to learn first hand from Charlie Rawls, the Farm Credit Administration's General Counsel.  The Farm Credit Administration is the independent federal agency that regulates the Farm Credit System. Having the opportunity to talk directly with FCA's general counsel was a tremendous opportunity for our LL.M. class.

Charlie Rawls has had an amazing career of leadership in agricultural law and policy. Before joining the FCA in March 2003, he was General Counsel and Vice-President for legal, tax, and accounting at the National Council of Farmer Cooperatives. During the consideration of the 2002 farm bill, he served as the General Counsel of the Senate Committee on Agriculture, Nutrition, and Forestry. He served as General Counsel for the USDA from 1998 to 2001, and before that served as Chief of Staff to the Deputy Secretary of Agriculture. He also served as Counsel to the House Agriculture Subcommittee on Forests, Family Farms, and Energy; Associate General Counsel of the House Committee on Agriculture; and, Legislative Director and Administrative Assistant to Congressman Martin Lancaster.

Charlie delivered an excellent presentation to the class via live video conference.  He provided information about the role that the FCA has in regulating the Farm Credit System and offered his perspectives on the remarkable success of the system.  He also discussed the challenges going forward, including issues regarding farm land values, changes to federal farm policy, and changes to U.S. agriculture.  He spoke specifically about the growing interest in local food systems and the increasing role that the Farm Credit System will likely play in financing the farmers involved.  The class asked many excellent questions, producing a lively dialogue.  Our appreciation is extended for this wonderful opportunity.

Professor Don Pedersen Returns to the LL.M. Classroom

Professor Don Pedersen addressed the LL.M. class last Wednesday, delivering a fascinating lecture on the history of agricultural law as a legal discipline in the United States and the history of the LL.M. Program.  Professor Pedersen served as the Director of the LL.M. Program in the early years and is credited with shaping the basic elements of the Program as it exists today.

We were pleased to also have another agricultural law leader in attendance -  Professor David A. Myers from Valparaiso University School of Law was visiting the LL.M. Program.  Professor Myers served as the Chair of the American Association of Law School's section on Agricultural Law and was one of the founders of the American Agricultural Law Association. He was delighted to reconnect with Don Pedersen and greatly enjoyed his lecture.

Prior to coming to the University of Arkansas, Don was already a recognized leader in agricultural law. He was a full professor at Capital University in Ohio and had been instrumental in the founding of the American Agricultural Law Association. When he was hired, he was already in the process of drafting an Agricultural Law casebook for West Publishing along with Law Professors Keith Meyer (University of Kansas), Norman Thorson (University of Nebraska), and John Davidson (University of South Dakota). That book was published in 1985 and was used extensively. Don subsequently published the West Nutshell on Agricultural Law with Keith Meyer of University of Kansas.

In 1987, Don and Dean Jake Looney worked with LL.M. alumnus Chuck Culver to obtain a grant to the law school for the creation of a National Agricultural Law Center. Don served as co-PI with Jake on this grant until his retirement in 1998.

Don received his B.A. from St. Olaf College in Minnesota and his J.D. from Northwestern University. He had practice experience in Minnesota and began his teaching career at William Mitchell College of Law in St. Paul, Minnesota.

During the years that he served as Director of the LL.M. Program, Don taught whatever courses were needed, and his expertise included Agricultural Finance & Credit, Forestry Law, Agricultural Labor Law, Agricultural History and Policy, and Agricultural International Transactions. His students knew him as a professor with very high expectations, an exceptionally strong work ethic, and a sense of professionalism that was the quintessential model for all.

Appreciation is extended to Don for all that he has done for agricultural law and for the LL.M. Program.  We look forward to his return to the School of Law this Spring when an all-LL.M. alumni reunion is planned.  More later on this exciting event!

American Agricultural Law Association Symposium

We just got back from a wonderful trip to Austin, Texas for the annual educational symposium of the American Agricultural Law Association (AALA).

The LL.M. Program has always had a close relationship with the AALA, and our alumni and faculty continue to play an important role. Again this year, we were very well represented -  with a total conference attendance of over two hundred, twenty alumni from our LL.M. Program were registered and six were presenters.

 Two alumni from our first graduating class, Terry Centner (Professor of Agricultural and Applied Economics at the University of Georgia) and Linda Grim McCormick (Senior Division Manager at Jewels by Park Lane and Editor of the Ag Law Update) were there, and we began plans for an alumni reunion this coming Spring.  Stay tuned!  We hope to schedule it when Neil Hamilton is with us teaching his Spring course.  Neil was recruited by then LL.M. Program Director Jake Looney as the first professor hired to teach in the new LL.M. Program.

We were pleased to see two of our alumni from the USDA -  Janie Simms Hipp and Brandon Willis.  Janie serves as Senior Advisor for Tribal Affairs to USDA Secretary Tom Vilsack and is also the Director of the new USDA Office of Tribal Relations within the Office of the Secretary.  Janie spoke on two program panels - one on Beginning Farmers and another on settlement of the longstanding USDA Discrimination cases.  Brandon is the Senior Advisor to Secretary Vilsack on farm programs, and he spoke on Beginning Farmer issues and USDA farm programs.

Nine of our LL.M. candidates attended the conference and displayed poster presentations on special topics of interest. They were involved in all the sessions, asking questions, meeting speakers and other attendees, and representing our program well.

Three of our Visiting Professors were in attendance. Neil Hamilton was there with a large group of his Drake students. He organized and moderated two sessions at the conference.  Phil Kunkel, Gray Plant Mooty, Minneapolis, MN received the association's highest honor, the Distinguished Service award, and David Grahn, Associate General Counsel, USDA received the Excellence in Agriculture Award.  All three of these impressive professors will be with us this Spring teaching condensed courses.

I am also pleased to report that I was awarded the association's 2011 Professional Scholarship Award for my article, A Reconsideration of Agricultural Law: A Call for the Law of Food, Farming, and Sustainability, 34 WM & MARY J. ENVTL L. & POL'Y REV. 935 (2010).

LL.M. Trip to the National Food Policy Conference

For 34 years, the National Food Policy Conference has been a Washington institution and a unique collaboration between consumer advocates, the food industry and government. The conference, October 3 and 4 in Washington, D.C., is coordinated by the Consumer Federation of America. CFA’s Media Partner for the conference is The Food Institute Report. 

I attended this year's National Food Policy Conference with four of this year's LL.M. candidates, Professor Martha Dragich, Alli Condra, Gina Cucurullo, and Cathy Franck.  I speak for all of us in saying that this was a tremendous opportunity.

The conference explored an array of important food policy issues facing consumers and the food industry. Consumer food priorities and trends; government food programs; budget cutbacks, food safety concerns, and the federal farm programs were all topics of discussion.  Speakers included USDA Secretary Tom Vilsack, FDA Commissioner Margaret Hamburg, Director of the CDC, Thomas Frieden, Former USDA Secretary Dan Glickman, Chef Jose Andres, and many others.  It was a particular delight to see fellow-Arkansan Carol Tucker Foreman Carol Tucker Foreman, a leading national voice on food policy and Distinguished Fellow at the Food Policy Institute of the Consumer Federation of America.

The LL.M. Program, in conjunction with the School of Law's Journal staff were pleased to extend an offer to the speakers to publish their conference remarks in the Journal of Food Law & Policy, and we look forward to working with these distinguished presenters on their articles.

Special thanks goes out to Chris Waldrop, the Director of the Food Policy Institute at the Consumer Federation of America for organizing such a wonderful conference, facilitating our publication offer, and assisting us with student scholarships.  Thanks as well to our friend and distinguished UA alumnus, David Lambert.  David was wonderful in introducing us to speakers and colleagues and helping us to spread the word about the LL.M. Program and the Journal of Food Law & Policy.  It was truly a wonderful event.

Pictured above is our group at the conference, from left to right, Gina Cucurullo, Martha Dragich, Cathy Franck, Alli Condra, and me, Susan Schneider

Chris Saunders Awarded Henry Law Firm Assistantship

We are pleased to announce the 2011-12 public/private partnerships that connect the LL.M. Program with leaders in the food and agricultural law communities. This partnership allows us to offer three graduate assistantships, matching our candidates with law firms and agencies working on the cutting edge of our food system.

Three distinguished law firms, Bassett Law Firm LLP, the Marler Clark Law Firm, and the Henry Law FIrm are our partners in the program this year, and their participation is indeed an honor for us.  This post announces the Henry Law Firm Graduate Assistantship.

The Henry Law Firm in Fayetteville, Arkansas has a primary focus on intellectual property and agricultural law, offering extensive patent, trademark and copyright protection services.

The firm is led by Mark Murphey Henry, a Registered Patent Attorney.  Mark is an alumnus of the University of Arkansas School of Law, receiving his J.D., with honors and his LL.M. degree in Agricultural Law.   Mark is admitted to practice in six states - Arkansas, Texas, Oklahoma, Kansas, Kentucky, and Missouri and was recently featured in the SuperLawyers Mid-South edition.  He has been recognized for his leadership and innovation in intellectual property law and for his pro bono work as well.  He is a popular adjunct in the LL.M. program teaching Agricultural Biotechnology each Spring semester.  This is the first year that the Henry Law Firm has participated in our graduate assistantship program, and we are delighted to include them.

Chris Saunders is the recipient of the Henry Law Firm Graduate Assistantship.  Chris received his Bachelor of Science degree in Chemical Engineering and his Bachelor of Arts degree in English from North Carolina State University.  He received his J.D. degree from the University of North Carolina School of Law in 2011.  He co-authored a presentation at 2010 American Agricultural Law Association Symposium, Solar Energy: Is It Really A Bright Idea for Farmers? with Ray Starling, General Counsel, North Carolina Department of Agriculture and Consumer Services.  His professional experience includes work with the North Carolina Department of Agriculture & Consumer Services.

Congratulations, Chris, and our appreciation to The Henry Law Firm!

Kristy Boehler Awarded Bassett Law Firm Graduate Assistantship

We are pleased to announce the 2011-12 public/private partnerships that connect the LL.M. Program with leaders in the food and agricultural law communities. This partnership allows us to offer three graduate assistantships, matching our candidates with law firms and agencies working on the cutting edge of our food system.

Three distinguished law firms, Bassett Law Firm LLP, the Marler Clark Law Firm, and the Henry Law FIrm are our partners in the program this year, and their participation is indeed an honor for us.  This post announces the Bassett Law Firm Graduate Assistantship.

Bassett Law Firm LLP, located in Fayetteville, serves clients in Arkansas, Oklahoma, and Missouri. Since the firm’s founding in October 1981 by the late Bill Bassett and his two sons, Woody and Tod, Bassett Law Firm LLP has enjoyed many accomplishments and sustained growth. The foundation of the firm has been and remains its commitment to the service of its clients, the profession, and the community.

Included in a wide range of community service, Bassett Law Firm LLP has been a particular friend to the University of Arkansas School of Law. The firm annually sponsors the Trial Advocacy scholarship prize to a J.D. student selected by the law faculty. And, thanks to a generous $100,000 gift from the firm, the law school is proud to have its premier W.W. Bassett, Jr. Classroom.

Agricultural Law is a significant practice area for Bassett Law Firm LLP. Partner, Vince Chadick and firm attorney, K.C. Tucker are both graduates of the LL.M. Program in Agricultural Law. A number of LL.M. candidates have clerked at the firm. Vince Chadick is a popular adjunct professor in the LL.M. Program, teaching Regulation of Livestock Sales each fall.

Kristy Boehler is the recipient of the 2011-12 Bassett Law Firm Graduate Assistantship.  Kristy is an Arkansas native who received her B.A., cum laude,  from Drake University, with majors in Political Science and Law, as well as Politics and Society.  She returned to Arkansas to attend the University of Arkansas School of Law, and she received her J.D. degree last Spring, graduating summa cum laude and as the 3rd highest in her class.

In law school, Kristy was a member of the Arkansas Law Review, and she authored the article,  Poultry Growers in Arkansas: Agents or Independent Contractors? published at 63 Ark. L. Rev. 849 (2010).

Congratulations to Krisy, and our thanks to the Bassett Law Firm.

Alli Condra Awarded Marler Clark Graduate Assistantship

We are pleased to announce the 2011-12 public/private partnerships that connect the LL.M. Program with leaders in the food and agricultural law communities. This partnership allows us to offer graduate assistantships, matching our candidates with law firms and agencies working on the cutting edge of our food system.

Three distinguished law firms, the Marler Clark Law Firm, Bassett Law Firm LLP, and the Henry Law Firm are our partners in the program this year, and their participation is indeed an honor for us.  This post announces Alli Condra as the Marler Clark Graduate Assistantship recipient.

Marler Clark is recognized as the nation’s foremost law firm representing victims of foodborne illness. Since 1998, Marler Clark attorneys have been involved in almost all of the major food poisoning cases in the U.S., representing victims of Campylobacter, E. coli O157:H7, Hepatitis A, Listeria, Norovirus, Salmonella, and Shigella outbreaks across the country.

Bill Marler, one of the founders of Marler Clark is an internationally recognized leader in food safety. Bill has been a tireless supporter of the reform of our food safety laws, through frequent media interviews, the very popular Marler Blog, his active Twitter feed, @bmarler and his "Put a Trial Lawyer Out of Business" campaign. He was instrumental to the passage of the Food Safety Modernization Act and for the USDA's recent declaration of additional E. coli pathogens as adulterants.  His start in food safety litigation is chronicled in the new book, Poisoned: The True Story of the Deadly E.Coli Outbreak That Changed the Way Americans Eat.

Bill Marler and Marler Clark are the founders of the acclaimed online national daily newspaper, Food Safety News, that reports on food safety, food law, and related issues.   The Marler Clark Graduate Assistantship provides writing experience with Food Safety News.

Bill will be teaching Food Safety Litigation in the LL.M. Program this Fall. His generous contribution to the LL.M. Program also provides general support to our graduate assistantship program and to the LL.M. Program.

Alli Condra is the 2011-12 recipient of the Marler Clark Graduate Assistantship.  Alli is a native of California and received her B.A. degree from California Lutheran University,  majoring in Interdisciplinary Studies with a focus on Pre-Naturopathic Medicine. After graduating from CLU, Alli moved to Mexico City for a year to work with migrants and refugees at a non-profit, Sin Fronteras. While there, Alli studied food security among the migrants and refugees with the hopes of increasing funding for food from the United Nations High Commission on Refugees.  She attended Drake University Law School and obtained her J.D. degree last spring with High Honors. She was awarded a  Certificate in Food & Agricultural Law. Alli was the winner of 2011 Journal of Environmental Law & Litigation Writing Competition from the University of Oregon School of Law.  As part of her assistantship duties, Alli has already published two articles on Food Safety News, FDA Import Alerts: A Primer, and Harvard Steps Up to the Healthy Eating Plate.

Our congratulations to Alli, and our thanks to Bill Marler and to Marler Clark.

Video Conference with Senior USDA Official, Brandon Willis

This morning, our Food, Farming, & Sustainability class had the opportunity to hear from one of our alumni, Brandon Willis via digital video conference.  Since attending the LL.M. Program, Brandon has had a distinguished career in Washington, D.C.  He served as the Agriculture Legislative Assistant for U.S. Senator Max Baucus (2006-2009) and during that time drafted floor statements on agricultural issues and worked closely on legislation – including the 2008 Farm Bill, with a particular focus on the livestock disaster programs.  He also drafted legislation that supported the use of existing conservation programs to help fight the declining population of pollinators.


Brandon then served as a confidential assistant in USDA’s Office of the Undersecretary for Farm and Foreign Agricultural Services.  He was elevated to the position of Deputy Administrator for Farm Programs (DAFP), overseeing all FSA programs under the Production Emergencies and Compliance Division (PECD), Conservation and Environmental Programs Division (CEPD), and Price Support Division (PSD).

Brandon recently accepted the position of Special Advisor to USDA Secretary Vilsack on farm programs and crop insurance issues.

The class had an opportunity to talk with Brandon about farm policy, current issues regarding the budget deficit and cuts to farm programs, and the 2012 Farm Bill.  He did a great job explaining the programs and the current political climate to the class.

Our thanks is extended to Brandon for doing a great job!

Meeting the Slow Food Value Meal Challenge

In response to a lack of access to fresh fruits and vegetables, people eating more fast food than home-cooked meals, and increasing rates of diet-related disease, Slow Food USA launched The $5 Challenge campaign. The organization, a national non-profit working for good, clean and fair food for all, is encouraging people across the country to cook slow food that costs no more than five dollars per person. Slow food – the opposite of fast food – is food that is good for those who eat it, good for farmers and workers, and good for the planet.
“Slow food shouldn’t have to cost more than fast food. It’s time we take back the ‘Value Meal,’” said Josh Viertel, president of Slow Food USA.On Sept. 17, the campaign will launch with a Day of Action where people can attend any one of the hundreds of slow food gatherings nationwide. To participate in The $5 Challenge, all one has to do is pledge to cook a slow food meal for five dollars or less, or attend a local event.

I am pleased to report that thanks to Martha Dragich, Visiting Scholar and LL.M. Candidate, the LL.M. program met the Slow Food Value Meal Challenge last Saturday with a wonderful meal.  It was a delightful gathering and a great opportunity for us all to get to know one another better, to enjoy good local food, and to prove that preparing and eating good food together can be enjoyable AND very affordable.

Martha prepared a menu for us, indicating not only what she was serving but what the ingredients were and where all the food was sourced.  It was delicious!!

Tomato-Braised Spareribs & Sausages
Spareribs & Sweet Apple Sausages: Mason Creek Farm; Onions & Carrots:          Fayetteville Farmers’ Market vendors; San Marzano tomatoes (canned): grown in the USA!
Polenta
Polenta: Ozark Natural Foods (bulk, organic)
Italian-Style Chickpeas
Chickpeas: Ozark Natural Foods (bulk, organic); onions & tomatoes: Fayetteville Farmers’ Market vendors; garlic (organic): Chert Hollow Farm (Columbia, MO); herbs: my patio (Columbia, MO)
Braised Swiss Chard (and a bit of savoy cabbage)
Chard (organic) & onion: Fayetteville Farmers’ Market vendors; garlic & savoy cabbage (both organic): Chert Hollow Farm (Columbia, MO)
Parmigiano Reggiano & Pecorino Romano (optional)
Imported from Italy, via World Harvest Foods (Columbia, MO)
Olive Oil Cake with Sauteed Apples & Pears
Cornmeal: War Eagle Mill (organic); eggs & pears (both organic): JJR Family Farm (Columbia, MO); honey: Bonne Femme Honey Farm (Columbia, MO); apples: Binder’s Apple & Berry Farm (Columbia, MO); milk (organic): Green Hills Dairy (MO); flour, sugar, & baking powder: Big Food companies; olive oil: Sicily.

Here are some of Martha's favorite strategies for preparing an affordable, yet delicious meal:

1. Eliminate one course (usually either appetizer or dessert).

2. Plan for reasonable portion sizes.

3. Use meat sparingly.

4. Use grains and beans to make the meal substantial.

5. Cook simply, using a small number of top-quality ingredients.

6. Learn how to get the most flavor from each ingredient.

7. Use strongly flavored ingredients, in small amounts.

8. Use all parts of each ingredient.

9. Use what you have on hand (staples, leftovers, foods you have preserved, etc.).

10. Buy in bulk (rather than in packages), and buy raw ingredients rather than partially-prepared foods.

Here are some photos from the event, including help with preparation of the meal from LL.M. candidates, Volha Samasiuk, Alli Condra, Ashley Newhall, and Gina Cucurullo.